Sean F. Darke

Sean F. Darke

Partner

Office: IL – Chicago
T: 312-781-6501 F: 312-781-6630

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Sean focuses his practice in defending businesses in complex employment and labor litigation and commercial litigation in federal and state courts. Sean also advises businesses on navigating the numerous employment and labor laws across the country and protecting overall businesses from liability.

Sean has won many dismissals and early case settlements for his clients. Specifically, Sean has defended businesses in class actions under the Fair Labor Standards Act, Title VII, the Americans with Disabilities Act, employment and independent contractor agreements, restrictive covenant agreements and several other key state and federal employment and labor laws.

Practices

  • Prevailed on an appeal to the Court of Appeals, State of Illinois, First District involving the Illinois Unemployment Insurance Act, defining what is considered misconduct under section 602A in Alternative Staffing, Inc. v. Illinois Department of Employment Security, et al., 2012 IL App (1st) 113332.
  • Successfully defended a media company on its restrictive covenant agreement for a high level manager
  • Prevailed on an early motion to dismiss a contract claim filed against a real estate company
  • Prevailed on motion to dismiss individual officer and owner from Fair Labor Standards Act complaint for personal liability for a real estate company
  • Won summary judgment on the motor carrier exemption under the Fair Labor Standards Act for drivers, helpers, and mechanics when some individuals did not leave the State of Illinois
  • Won dismissal on allegations of earned commission under the Illinois Wage Payment and Collection Act seeking 1.5 million in earned commissions in 2018
  • Won motion to dismiss individual officers and owners from personal liability under the Illinois Minimum Wage Law by successfully arguing that the IMWL does not support personal liability against owners, officers or other management